national mortgage form specification · may 2016 . national mortgage form – design specification...

NATIONAL MORTGAGE FORM DESIGN

SPECIFICATION

Version 1.0

Australian Registrars National Electronic Conveyancing Council

Published: 18th May 2016

National Mortgage Form – Design Specification version 1.0 2

Contents

Contents ............................................................................................................................................................ 2

Introduction ........................................................................................................................................................ 4

Acceptance and Lodgement Scenarios ......................................................................................................... 5

Overall style requirements ................................................................................................................................. 9

Section Requirements ..................................................................................................................................... 11

Lodger Details .............................................................................................................................................. 11

Duty Details .................................................................................................................................................. 19

Form Title ..................................................................................................................................................... 20

Jurisdiction ................................................................................................................................................... 20

Privacy Collection Statement ....................................................................................................................... 21

Estate and/or interest being mortgaged ....................................................................................................... 22

Land ............................................................................................................................................................. 26

Mortgagor ..................................................................................................................................................... 34

Mortgagee .................................................................................................................................................... 42

Operative words and Terms and Conditions ............................................................................................... 54

Execution Requirements.................................................................................................................................. 57

Mortgagor Execution .................................................................................................................................... 59

Mortgagor Panel (one per mortgagor) ...................................................................................................... 60

Mortgagor Certifications ........................................................................................................................... 61

Mortgagor Witness Executions ................................................................................................................. 61

Mortgagor Executions .............................................................................................................................. 62

Mortgagor Witness Certifications ............................................................................................................. 63

Mortgagor Witness Full Name .................................................................................................................. 64

Mortgagor Witness Signature ................................................................................................................... 65

Mortgagor Witness Details ....................................................................................................................... 66

Mortgagor Signature Details ..................................................................................................................... 67

Mortgagor Signature 1 .............................................................................................................................. 68

Mortgagor Signature 2 .............................................................................................................................. 70

Execution Date ......................................................................................................................................... 71

Mortgagee Execution ................................................................................................................................... 78

Mortgagee Panel (one per mortgagee) .................................................................................................... 80

Mortgagee Certifications .......................................................................................................................... 80

Mortgagee Witness Executions ................................................................................................................ 82

Mortgagee Executions .............................................................................................................................. 83

Mortgagee Witness Certifications ............................................................................................................. 84

Mortgagee Witness Full Name ................................................................................................................. 85

Mortgagee Witness Signature .................................................................................................................. 86

Mortgagee Witness Details ...................................................................................................................... 86

Mortgagee Signature Details .................................................................................................................... 87

Mortgagee Signature 1 ............................................................................................................................. 89


Mortgagee Signature 2 ............................................................................................................................. 90

Execution Date ......................................................................................................................................... 92

Address Field Defined Lists ............................................................................................................................. 99

Unit Type ...................................................................................................................................................... 99

Street Type ................................................................................................................................................... 99

Floor Type .................................................................................................................................................. 100

State ........................................................................................................................................................... 100

Postal Delivery Type .................................................................................................................................. 100

Jurisdiction specific information sheet requirements ..................................................................................... 101

ACT ............................................................................................................................................................ 101

NSW ........................................................................................................................................................... 102

NT ............................................................................................................................................................... 103

QLD ............................................................................................................................................................ 103

SA ............................................................................................................................................................... 103

TAS ............................................................................................................................................................ 106

WA .............................................................................................................................................................. 106


Introduction

This document specifies the requirements for producing a mortgage form compatible with all states and territories in Australia. It can be used by financial institutions to define how their mortgage processing systems will print a mortgage and by suppliers of conveyancing case management systems that may need to print mortgage forms.

The document is split into 4 sections:

Overall style requirements

Section requirements

Execution requirements

Jurisdiction specific information sheet (flyer) requirements

The section on overall style lists all features common to the whole mortgage form. The section requirements describe the rules that apply to each part of the main body of the mortgage form. The execution section describes what rules apply in each execution scenario, and the jurisdiction specific information sheet (flyer) lists what should be shown on the fact sheet that should accompany a printed mortgage in each jurisdiction. It should be noted that throughout the document, the examples are for illustrative purposes – measurements may not exactly match the detailed specification. In all cases, the textual and diagrammatic details should be used.

This mortgage form is intended for all lodgement channels for all jurisdictions. The following form requirements are anticipated - note that in all cases, mortgagor includes a representative for the mortgagor (where allowed), and mortgagee includes a representative for the mortgagee (where allowed) :

Full paper form A paper form on which the mortgagor grants the mortgage and is lodged with the Land Registry. Will be signed by the mortgagor and the mortgagee as well in those jurisdictions which require it.

This form would cover both the acceptance and lodgement of the mortgage, and is covered in Scenario 1 in the diagram below.

Paper lodgement only A paper form executed only by the mortgagee with appropriate certifications that the mortgagee has a mortgage granted by the mortgagor.

This form is lodged with the Land Registry in Scenarios 1A and 3 in the diagram below.

Paper acceptance only Where a mortgagee will be lodging a “lodgement only” form, they will need a mortgage granted by the mortgagor. If they choose to obtain this acceptance of the mortgage on paper, they would use this form.

This form is not lodged with the Land Registry, and is retained by the mortgagee in scenarios 2 and 1A in the diagram below.

Electronic lodgement only This is the version of the form submitted for lodgement through an electronic conveyancing channel. It would be digitally signed by the mortgagee, and is the form lodged with the Land Registry in Scenarios 2 and 4 in the diagram below.

Electronic acceptance only This is a version of the form on which the mortgagee gains the acceptance of the mortgagor electronically. This version will never be lodged with the Land Registry, and applies to Scenarios 3 and 4 in the diagram below.


Acceptance and Lodgement Scenarios

Paper Acceptance (wet signature of

Mortgagor)

Wet signature of Mortgagee added to

paper mortgage (where required in

the jurisdiction)

Paper Acceptance (wet signature of

Mortgagor)

Separate Paper (Lodgement)

mortgage created

Electronic Acceptance by

Mortgagor

Separate Electronic (Lodgement)

mortgage created

Separate Electronic (Lodgement)

mortgage created

$

Land Registry

Manual lodgement at Land Registry

$

Land Registry

$

Land Registry

$

Land Registry

$

Land Registry

Certification added to Mortgage that the mortgagee holds a

mortgage granted by the mortgagor on the same terms as

the electronically lodged mortgage



the paper mortgage lodged

Separate Paper (Lodgement)

mortgage created



the electronically lodged mortgage



the paper mortgage lodged

Land Registry receives paper mortgage, signed by both mortgagor and mortgagee where required by the jurisdiction

Land Registry receives electronic mortgage, digitally signed by the mortgagee only

Land Registry receives paper mortgage, signed by the mortgagee only

Land Registry receives electronic mortgage, digitally signed by the mortgagee only

Land Registry receives paper mortgage, signed by the mortgagee only

1

2

1A

4

3

Mortgagee stores and retains paper acceptance

Mortgagee stores and retains electronic acceptance


The following table shows which jurisdictions are planning to have each scenario available by the implementation date for the National Mortgage Form (currently April 2017):

ACT NSW NT QLD SA TAS VIC WA

Scenario 1 YES YES YES YES YES YES YES YES

Scenario 2 NO YES NO YES YES YES YES YES

Scenario 1A NO YES NO NO YES NO YES YES

Scenario 3 NO YES NO NO YES NO YES YES

Scenario 4 NO YES NO YES YES YES YES YES

Note: in all cases, for swimlanes 3 and 4 above, the mortgagee needs to assure themselves that an electronically originated mortgage granted by the mortgagor meets all relevant legislation.

* Electronic conveyancing is scheduled for implementation in NT in May 2018


The image below shows the general layout of the National Mortgage Form and with the panel headings. The content within a panel will vary depending on who is signing the form and the jurisdiction.


Overall style requirements

The following applies to the whole of the National Mortgage Form:

Page size: A4 (21 cm x 29.7 cm)

Paper weight: 80gsm minimum (plain paper)

Orientation: Portrait

Sides: Single-sided printing mandatory in all jurisdictions except WA.

Double-sided printing mandatory in WA.

Scaling: No scaling of output allowed

Font (general): Arial 11pt (unless otherwise stated)

Font (section headings): Arial 11pt bold

Font (Title): Arial 14pt bold

Colour: All text and borders are black

Margins: Left: 0.65 cm

Right: 0.65 cm

Top: 1.00 cm (used for header)

Bottom: 1.50 cm (used for footer)

Section borders: 0.50 mm black – top and bottom of each section – no side borders

Header Text: “Mortgage Form version nn” where nn is the version number of the form.

Right justified

Position: 0.32 cm from top of page

Footer Text: “Reference: Data” where “Data” is the reference from the “lodger Details” section described below. Left Justified

Text: “Page n of m” where n is the current page number and m is the total number of pages (excluding any information sheets). Right Justified

Position: 0.7cm from bottom of page.


The above requirements are shown graphically in the figure below:

0.65 cm 0.65 cm

1.0

0 c

m1

.50

cm

MORTGAGE

Lodger Details

Lodger Code

Name

Mortgage Form version n

Page n of m

0.3

2 c

m0

.70

cm

Title(Arial 14pt Bold)

Header(Arial 11pt)

Footer(Arial 11pt)

Section Heading(Arial 11pt Bold)

Reference: Data


Section Requirements

In the section definitions, it should be noted that all measurements and indents are given from the edge of the SECTION, rather than from the edge of the page. In practice, this means that the left page margin of 0.65cm would need to be added to get the measurement from the edge of the page.

The following sections are part of the main body of the form:

Lodger Details

Duty Details

Title

Jurisdiction

Privacy Collection Statement

Estate and/or interest being mortgaged

Land

Mortgagor

Mortgagee

Operative words and Terms and Conditions

These sections are defined below.

Lodger Details

The Lodger Details panel looks as follows:

The following rules apply to the Lodger Details panel:

Applies to: All Jurisdictions

Rules: This section is not allowed to break across pages.

Heading:

Font: Arial 11pt Bold

Indent: 0.50 cm

Margin: 0.25 cm above, 0.10 cm below

Other lines:

Font: Arial 11pt – All upper case

Indent: 1.00 cm



Reserve (indent to data) 2.50 cm

Field Descriptions:

Lodger Code: The lodger code is a code issued by the Land Registry for the lodger. If the lodger has a lodger code, this is enough to fully identify the lodger.

The following jurisdictional restrictions apply to this field:

ACT: Not used in ACT

NSW: 7 characters - 6 numeric plus 1 Alpha

NT: 30 Alpha-numeric

QLD: Maximum of 7 characters (alpha-numeric)

SA: 7 characters

TAS: 8 Alpha-numeric

VIC: limited to 5 Numeric and 1 mandatory alpha character

WA: 3 characters followed by up to 12 numeric

Name: The name of the lodging person or organization.

If the Lodger Code has been supplied, this field should not be entered.


ACT: Maximum of 60 characters

NSW: Maximum of 120 characters

NT: No restrictions

QLD: Maximum of 60 characters

SA: Maximum of 100 characters

TAS: Maximum of 75 characters

VIC: For individuals:

Given Name/s limited to 60 characters, alphanumeric

Family Name limited to 130 characters, alphanumeric

For Companies:

Name limited to 130 characters, alphanumeric

WA: Maximum of 255 characters


Address: The address of the lodging person or organization. This field can be expanded to allow multiple address lines.



ACT: Maximum of 4 lines of 40 characters

NSW: 3 x Lines of 50 Characters plus Suburb 50 characters plus State 3 characters plus Postcode 4 numeric

NT: No restrictions

QLD: Maximum of 4 lines of 40 characters

SA: Maximum of 4 lines, totalling 200 characters

TAS: Maximum of 3 lines, totalling 154 characters

VIC: Maximum of 4 lines of 40 characters

WA: Any element of an AS4590 structured address can be supplied, laid out as per Australia Post standard

Lodger Box: The land registry box (if any) assigned to the lodger by the Land Registry



ACT: Not used in ACT

NSW: Maximum of 5 characters – 1-4 numeric plus 1 Alpha

NT: Not used in NT



TAS: Not used in TAS

VIC: Not used in VIC

WA: Maximum of 4 numeric plus 1 character


Phone: The phone number of the lodging person or organisation.



ACT: Maximum of 12 characters


NT: Not used in NT



TAS: Not used in TAS

VIC: Maximum of 15 characters.

Mandatory if Lodger Code was not entered.


Email: The email address of the lodging person or organisation.



ACT:

NSW:

NT:


SA:

TAS:

VIC: Maximum of 100 characters

WA:


Reference: An optional field for the lodger to add a case number, matter number or loan reference number. This is not used by the Land Registry and is simply an aide to assist to lodger in finding/filing the document.

This field has a bottom margin of 0.25 cm.


ACT: No restrictions


NT: Maximum of 250 characters

QLD: No restrictions

SA: No restrictions

TAS: Maximum of 60 characters

VIC: Maximum of 25 characters


Mandatory items: No items are individually mandatory. The combination of details must suitably identify the lodger of the mortgage.

Office Use Only Box This box appears in the right hand section of the Lodger details panel.

It is used for Land Registry purposes (e.g. to attach a barcode to the mortgage after lodgement).

Size: The box is 9.80 cm wide and 3.50 cm high

Position: 10.4 cm from the left edge of the Lodger Details Panel.

0.75cm from the top of the Lodger Details panel.

“For Office Use Only” text

Font: Arial 11pt

Position: Top left of the Office Use Only box

Paper Sides Message In WA, this message reads “BOTH SIDES OF THIS FORM MUST BE USED”.

In all other jurisdictions, this message reads “THE BACK OF THIS FORM MUST NOT BE USED”.

Font: Arial 18pt

Position: 1.00cm from top of box, Centre justified, at least 0.20cm margin between text and edge of box.


This is shown graphically below:

Lodger DetailsLodger Code

Name

Address

Lodger Box

Phone

Email

Reference

0.50 cm

1.00 cm

Data

Data

Data

Data

Data

Data

Data

9.80 cm

Lodger Details 0.1

0 c

m

0.2

5 c

m

Lodger Code 0.0

5 c

m

0.0

5 c

m

Reference 0.2

5 c

m

0.0

5 c

m

3.50 cm

THE BACK OF THIS FORM

MUST NOT BE USED

For Office Use Only

3.5

0 c

m1.0

0 c

m

10.4 cm

0.7

5 c

m

Some jurisdiction specific examples of the Lodger Details panel are shown below:

EXAMPLE

NSW example of customer with Lodger Box, showing LR use of restricted area after lodgement:

EXAMPLE

NSW example of customer with no lodger box (“virtual box” 1W is used).


EXAMPLE

NT example of known customer with lodger code:

EXAMPLE

NT example of non-known customer:

EXAMPLE

SA example of known customer with lodger code:

EXAMPLE

SA example of non-known customer:


EXAMPLE

TAS specific example for a known customer:

EXAMPLE

VIC specific example for a known customer:

EXAMPLE

VIC specific example for a non-known customer:

EXAMPLE

WA example for a known customer:


Duty Details

The Duty Details panel looks as follows:

The following rules apply to the Duty Details panel:

Applies to: NSW only – not visible for other jurisdictions.


Panel size: This panel (if it is displayed) must have a minimum height of 2.55 cm

Heading:


Indent: 0.50 cm


Transaction ID Field:

Description: The transaction ID field is used to show the reference number provided by the NSW revenue office related to the duty payable for the mortgage.

Font: Arial 11pt

Indent: 1.00 cm

Margin: 0.05 cm above


Non usable area: The right-side of this panel must be left blank for the duty stamp. This non-usable area extends 10cm from the right border of this panel.



Duty Details (NSW Only)

Transaction ID

0.50 cm

1.00 cm

Data

Restricted (unusable) Area (10.00 cm)

Duty Details (NSW Only) 0.1

0 c

m

0.2

5 c

m

Transaction ID

0.0

5 c

m

3.75 cm

2.5

5 c

m (

min

)

Form Title

The Form Title panel looks as follows:

The following rules apply to the Title panel:

Applies to: All jurisdictions – MANDATORY.

Panel size: Height 0.80 cm

Heading:

Font: Arial 14pt Bold – All upper case

Indent: N/A – centred horizontally and vertically within the panel

Jurisdiction

The Jurisdiction panel looks as follows:

The following rules apply to the Jurisdiction panel:





Description: The jurisdiction panel shows the state or territory that the land being mortgaged is located within.

Allowed Values: The allowable values for the data part of this field are:

Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Victoria

Western Australia

ONE only is allowed to be entered.

Heading:


Indent: 0.50 cm

Margin: N/A – centred vertically

Jurisdiction Data Field:


Indent: Same line as heading, data field starts at an indent of 3.50 cm from the left edge of the panel.

Margin: N/A – Centred vertically


Jurisdiction

0.50 cm

Data

3.5 cm

Centred Vertically

0.9

0 c

m


The Privacy Collection panel looks as follows:


The following rules apply to the Privacy Collection panel:




Wording: The privacy statement words are:


The information in this form is collected under statutory authority and used for the purpose of maintaining publicly searchable registers and indexes.

Heading:


Indent: 0.50 cm

Margin: N/A – Centred vertically along with non-heading lines. Space between heading and other lines is a single line space with no additional space before or after.

Other lines:

Font: Arial 11pt

Indent: 0.50 cm

Margin: N/A – centred vertically along with heading. Lines are single spaced, with no additional spacing before or after.

Estate and/or interest being mortgaged

The Estate and/or interest panel looks as follows:

The following rules apply to the Estate and/or interest panel:



Panel size: Minimum 1.2 cm

Panel should expand to accept extra lines of data, if the estate and/or interest data requires more than one line.

Jurisdictional Restrictions: ACT: FEE SIMPLE or free text

NSW: FEE SIMPLE or free text


NT: FEE SIMPLE or free text

QLD: FEE SIMPLE or free text

SA: FEE SIMPLE or free text

TAS: Must be one of:

Fee Simple

Leasehold Estate

Life Estate

Remainder Estate

VIC: Must be one of:

Fee Simple

Leasehold Estate

Life Estate

Remainder Expectant

WA: FEE SIMPLE or free text

Heading:


Indent: 0.50 cm


Data lines:


Indent: 0.50 cm

Margin: No margin between multiple lines (standard single line spacing.

0.10 cm above, 0.20 cm below



Estate and/or interest

0.50 cm

DATA

Estate and/or interest

0.1

0 c

m

0.2

5 c

m

DATA0

.10

cm

DATA

1.2

0 c

m (

min

)

DATA0

.20

cm

0 c

m

Some jurisdiction specific examples of the Estate and/or Interest being mortgaged panel are shown below:

EXAMPLE

General example of a FEE SIMPLE interest type for all jurisdictions:

EXAMPLE

NSW specific example for mortgage of a lease:

EXAMPLE

NSW specific example for mortgage of a life estate:

EXAMPLE

NSW specific example for mortgage of an estate in remainder:

EXAMPLE

NT general example:

EXAMPLE

NT specific example for mortgage of a lease:

EXAMPLE

NT specific example for Mortgage of Sublease/Underlease:


EXAMPLE

QLD specific example for mortgage of a lease:

EXAMPLE

SA specific example for mortgage of a mortgage:

EXAMPLE

VIC specific example for mortgage of a leasehold estate:

EXAMPLE

WA specific example for mortgage of a lease:

EXAMPLE

WA specific example for share of title:

EXAMPLE

WA specific example for life estate:

EXAMPLE

WA specific example for fee simple in remainder:

EXAMPLE

WA specific example for the interest only of one proprietor as Joint tenant:

EXAMPLE

WA specific example for mixed fee simple and leasehold mortgage:

EXAMPLE



Land

The Land panel looks as follows:

The following rules apply to the Land panel:


Panel size: Panel should expand to accept extra lines of data, if the land data requires more than one line - there can be multiple data lines (no limit on number).

Panel can span multiple pages if necessary. If it does so, the section header should NOT be repeated on the continuation page(s)

Format: The land panel is divided into three column (Land Title Reference, Part Land affected? and Land Description).

All columns have some common features:

Heading font: 11pt Arial

Heading Margin: 0.25cm above, 0.1cm below

Data line Font: 11pt Arial – All upper case

Data line margin: 0 above and below, except last line (0.2 cm)

These three columns will be addressed separately below:

Land Title Reference:

Column Width: 4.60 cm

Indent: 0.50 cm

Description: The land title reference column holds the land registry reference for the parcel of land. In some jurisdictions it is normally referred to as the volume/folio.

This field is mandatory for all jurisdictions, for each data line.

Jurisdictional Restrictions:

ACT: Land Title Reference must be in the form Volume: Folio (i.e. separated by a colon)

Volume is maximum 4 numeric characters

Folio is maximum 3 numeric characters

NSW: Between 3 and 21 ascii characters

Only include " ", "/" or "-" other than alpha or numeric characters

Some examples of NSW land title references are:

7/123456

12/B/2467

4/SP14598

10275-114

NT: Register: 4 Characters

Volume: 5 Numeric


Folio : 5 Numeric

Separated by a forward slash “/”.

QLD: Land Title Reference is 8 numeric characters

SA: Land Title Reference must be in the form Volume Type Volume/ Folio (i.e. separated by a forward slash)

Volume Type is 2 characters

Volume is maximum 4 characters

Folio is maximum 4 characters

Total characters allowed is 12 maximum

TAS: Land Title Reference must be in the form Volume/Folio Folio (i.e. separated by a forward slash).

Volume is maximum 8 alpha-numeric characters

Folio is maximum 4 characters

VIC: Land Title Reference must be in the form Volume/Folio (i.e. separated by a forward slash).

Volume is maximum 5 numeric characters. Do not enter leading zeros

Folio is 3 numeric characters required and maximum of one alpha character allowed, only at the end. If only 1 or 2 digits entered, leading zeros must be inserted to reach 3 numeric characters.

Some examples of VIC land title references are:

6237/745

18378/002

459/789K

WA: Land Title Reference must be in the form

Prefix 2 characters (but may be blank)

Separator “-“

Volume maximum of 5 numeric

Folio maximum of 5 numeric

Suffix of 1 character (allowed values are ‘A’ or blank)

Part Land Affected?:


Indent: 0 cm (no indent) – the data is centred

Description: The part land affected column holds either a “Y” or nothing in each data line. The purpose of the data is to show where only the part of the land in the land title reference column is being mortgaged (for example only one lot of a multi-lot title).

The data (where shown) is horizontally centred in the column.


ACT: Always blank in ACT as there is a 1:1 relationship between title and land description.


NSW: Only Y when part of the land is being mortgaged, otherwise blank.

NT: Only Y when part of the land is being mortgaged, otherwise blank.

QLD: Only Y when part of the land is being mortgaged, otherwise blank.

SA: Only Y when part of the land is being mortgaged, otherwise blank.

TAS: Only Y when part of the land is being mortgaged, otherwise blank.

VIC: Only Y when part of the land is being mortgaged, otherwise blank.

WA: Only Y when part of the land is being mortgaged, otherwise blank.

Land Description:


Indent: 0 cm (no indent)

Description: The land description column holds the lot on plan description of the land being mortgaged or a textual description of the interest being mortgaged.

In ACT, QLD and NT, this column is mandatory in all cases. In all other jurisdictions, the land description is only entered if the part land indicator is “Y” for that data line – it must not be entered if the indicator is blank.

Each line in this column must only hold one land description. If there are multiple lots on a title (or multiple leases) being mortgaged, each must be on a separate line (with the land title reference also present).

For example, for a QLD mortgage (where the land description must always be entered, a 2-lot title would look as follows:

Land Title Reference Part Land Affected? Land Description

81245785 LOT 1 ON RP1234

81245785 LOT 2 ON RP1234


ACT: Mandatory. Comprises 4 components:

District/Division - maximum 30 alpha characters

Section - maximum 5 alphanumeric characters

Block - maximum 4 alphanumeric characters

Unit – maximum 3 alphanumeric characters

Shown as <District/Division> Section <Section> Block <Block> Unit <Unit>

e.g. PARKES Section 1000 Block 345 Unit 99

NSW: Free text But rarely used and only where mortgage affects part of the land in the title, ie one or more, but not all lots in and auto- consol folio

Eg Part being lots 101 and 102 in DP 1007054.


A mortgage affecting part of a current lot, eg a mortgage of "part of the land formerly comprised in ...", will not be accepted unless a mortgage is already registered to the same mortgagee affecting the remainder of the land in the title.

Eg: Part being the land formerly comprised in 12/34567

NT: Location (List of Names), Lot number (5 alphanumeric), unit

number(3 numeric), Plan number (10 alphanumeric)

E.g. Town of Nightcliff, Lot 4998, Unit 3 on B 000217

QLD: Mandatory. Comprises 5 components:

Lot Type – min 3, max 14 alpha characters

Lot Number – min 1 max 6 alphanumeric characters

“ON”

Plan Type – min 2 max 3 alpha characters

Plan Number – min 1 max 10 alphanumeric characters

e.g. LOT 1 ON RP1234

SA:

TAS:

VIC: Only entered when part land indicator is Y.

There are two formats for land descriptions – plan format and Crown format.

Land Description – plan format

All land descriptions with plan format must have a parcel type, number and plan number. For example lot 2 PS123456A. A small number of plans also have either a section or block number which is optional. For example lot 21 block 2A PS456789B.

The plan number contains a two alpha prefix. See list 2 below for a list of valid plan prefixes.

Land Description

Plan format Components Format Example

Parcel type Alpha (100) See list 1 below

Number Alphanumeric (10)

21

Section/Block Alpha (100) Block


2A

Plan number Alphanumeric (14)

PS123456B

Land Description – Crown format

The Crown format can have up to two values, plus a Township/At descriptor and a Parish. It is mandatory to have at least one value and a Parish. The other values and a Township/At descriptor must be provided if present. The


values are shown in List 3.

Land Description

Crown format

Components Format Example

Value 1 Alpha (100) Allotment


1

Value 2 Alpha (100) Section


A

Township Alpha (50) Talbot

Parish Alpha (70) Amherst

Other description

Alphanumeric (45)

at Clifton Hill City of Collingwood

The order of the values within the land description is not consistent. For example: The following are valid land descriptions – Crown format

Allotment 1 Section A Parish of Clunes

Portion G Section 1 Township of Talbot Parish of Amherst

Section B Parish of Moolap

Allotment 30 Section 40 Parish of North Melbourne at West Melbourne City of Melbourne

Lists referred to above:

List 1 - Parcel types

Plan format

Components Format Example Parcel Type and number

Lot Alpha Lot 1

Unit Alpha Unit 21

Road Alpha RD, R1

Reserve Alpha RES, RES1

Common Property

Alpha CM, CM2

Road is shown as RD. Where Road has a number, for example Road number 1, it is shown as R1.

Reserve is shown as RES. Where Reserve has a number, for example Reserve number 1, it is shown as RES1.

Common Property is shown as CM. Where Common Property has a number, for example Common Property number 2, it is shown as CM2.

List 2 – Plan types

Plan type format

Components Format Prefix

Plan of Subdivision Alpha PS

Plan of Consolidation

Alpha CP, PC

Title Plan Alpha TP

Strata Plan Alpha SP or RP


Cluster Plan Alpha CS

Lodged Plan Alpha LP

List 3 – Parcel types

Crown format

Values Format Example value and number

Subdivision Alpha Subdivision A

Allotment Alpha Allotment C

Portion Alpha Portion 88

Section Alpha Section 6D

Block Alpha Block A

Lot Alpha Lot 1

WA: Only entered when part land indicator is checked.

Can either be a lot on plan description

e.g. LOT 112 ON DEPOSITED PLAN 71717

or it can be the lease number

e.g. AS TO LEASE L269340

or it can be a description of part of a lot

e.g. Part of Lot 70 on deposited Plan 40273, being those parts of the first floor of the building shown as lots 3 and 4 on Strata Plan 47324, a copy of which is contained in Schedule 4 to the Lease


Land Title Reference

0.50 cm

DATA

Land Title Reference

0.1

0 c

m

DATA

4.60 cm

Part Land Affected? Land DescriptionDATA

DATA DATA

4.00 cm 11.10 cm

DATA

0.2

5 c

m

0.2

0 c

m

0 c

m

DATA

DATA

Some jurisdiction specific examples of the Land panel are shown below:

EXAMPLE

NSW specific example for mortgage of a title affecting one lot:


EXAMPLE

NSW specific example of a mortgage of whole of the land affecting three lots:

EXAMPLE

NT specific example for Whole of the Land:

EXAMPLE

NT specific example for Part of the Land:

EXAMPLE

NT specific example for Mortgage of Lease:

EXAMPLE

QLD specific example for mortgage of a title with one lot:

EXAMPLE

QLD specific example for mortgage of a title with 3 lots:

EXAMPLE

QLD specific example of a mortgage of 2 titles, each with 2 lots:

EXAMPLE

QLD specific example of a mortgage of one lot on a title comprising more than one lot:

EXAMPLE

SA specific example of mortgage of the whole of a single title:


EXAMPLE

SA specific example of mortgage of the whole of one title and part of another:

EXAMPLE

VIC specific example of a mortgage of whole of the land in the folio:

EXAMPLE

VIC specific example of a mortgage of whole of the land in two folios:

EXAMPLE

VIC specific example of a mortgage of one lot on a folio comprising more than one lot:

EXAMPLE

WA specific example of a mortgage of whole of the land:

EXAMPLE

WA specific example for mortgage of lease on part of a lot:

EXAMPLE


EXAMPLE

WA specific complex example:


Mortgagor

The Mortgagor panel looks as follows:

The following rules apply to the Mortgagor panel:


Panel size: Panel should expand to accept extra data, if there is more than one mortgagor. The data for each mortgagor must always be kept together – i.e. it is not permissible for there to be a page break in the middle of the data for a mortgagor, although the mortgagor panel can span multiple pages. . If it does span multiple pages, the section header should NOT be repeated on the continuation page(s)

Heading:


Indent: 0.50 cm


Data lines:


Indent: 1.00 cm to line headings (except address data lines – these are 1.50cm)


Margin: 0.05 cm above, 0.05 cm below each line.

General: The 4 data items described below must stay together (i.e. no page breaks between them) for each mortgagor. Each group must be separated by a gap of 0.25 cm.

Given Name(s) Mandatory for all jurisdictions where the mortgagor is an individual. Not used if mortgagor is an organisation

When combined with the Family Name, this must contain the full legal entity name of the mortgagor.

Can span multiple lines.


ACT: Given Name/s limited to 60 characters, alphanumeric

NSW: Given Name(s) and Family Name can be maximum of 255 Characters combined

NT: Given Name(s) and Family Name can be maximum of 4000 Characters combined


QLD: No limit

SA: Given Name(s) and Family Name can be maximum of 500 Characters combined

TAS: No limit

VIC: Given Name/s limited to 60 characters, alphanumeric

WA: Given Name(s) and Family Name can be maximum of 255 Characters combined

Family Name Mandatory for all jurisdictions where the mortgagor is an individual

When combined with the Given Name (s), this must contain the full legal entity name of the mortgagor.



ACT: Family Name limited to 130 characters, alphanumeric



QLD: No limit


TAS: No limit

VIC: Family Name limited to 130 characters, alphanumeric


Name Mandatory for all jurisdictions if the mortgagor is an organisation

Must contain the full legal entity name of the mortgagor.



ACT: Name limited to 130 characters, alphanumeric

NSW: Maximum of 255 Characters


QLD: No limit


TAS: No limit

VIC: Name limited to 130 characters, alphanumeric



Name on Title

Reason for Difference

Only applicable in VIC – omitted in other jurisdictions.

These 2 lines appear under the Given Name(s) and Family Name, or the Name (for an organisation), if the mortgagor name does not match the name on title.

These lines are indented 1cm more than the Given Name(s) and Family Name, or the Name lines. i.e. the heading is at an indent of 2.00cm and the data at 6.55cm.

For example (individual):

Given Name(s) Mary Elizabeth

Family Name Smith

Name on Title Mary Elizabeth Brown

Reason for Difference Marriage

For example (organisation):

Name XYZ Pty Ltd

Name on Title ZZZ Pty Ltd

Reason for Difference Corporate Takeover

ACN/ARBN For all jurisdictions:

If the mortgagor has an ACN, the title of the data line must be set to “ACN” and the ACN entered.

If the mortgagor has an ARBN, the title of the data line must be set to “ARBN” and the ARBN entered.

If there is no ACN or ARBN, this item is omitted.


In all jurisdictions, the ACN or ARBN must be 9 characters.

Address Required in all jurisdictions except NSW, QLD and VIC, where this is omitted.

The Address is a complex section, with 3 possible configurations:

Australian Street Address

Australian Postal Delivery Address

Overseas Address

Each configuration has multiple fields within it, as described below, but each configuration should have a header line “Address”:

Australian Street Address comprises:

Property Name (40 alphanumeric characters - free text)

Unit Type (25 alphanumeric characters - defined list)

Unit Number (5 alphanumeric characters - free text)

To Unit Number (5 alphanumeric characters - free text)

Floor Type (18 alphanumeric characters – defined list)

Floor Number (4 alphanumeric characters - free text)

Floor Suffix (1 alphanumeric character - free text)

Street Number (5 alphanumeric characters - free text)

Street Name (45 alphanumeric characters - free text)

Street Type (13 alphanumeric characters - defined list)

Locality (40 alphanumeric characters - free text)

State (3 alphanumeric characters - defined list)


Postcode (4 numeric characters - free text)

Each field appears on a separate line, but only those fields that have data in them are shown – blank fields are omitted.

The data lines are indented an additional 0.50 cm (making a total indent of 1.50 cm. The data vales are indented the same as all other data fields (i.e. at 6.25cm)).

Australian Postal Delivery Address comprises:

Delivery Type(12 alphanumeric characters - defined list)

Number (6 alphanumeric characters - free text)






Overseas Address comprises:

Address Line 1 (70 alphanumeric characters - free text)






The defined lists mentioned above can be found later in this document – see Address Field Defined Lists on page 99.


ACT: Mandatory

NSW: Not allowed - omitted

NT: Maximum of 4000 characters for combination of all fields

QLD: Not allowed - omitted

SA: Maximum of 200 characters for combination of all fields

TAS:

VIC: Not allowed - omitted

WA:


Capacity This line is not used in ACT, VIC, NT and NSW, where this line is omitted.

This line is used to supply the capacity in which the mortgagor holds the land – this is jurisdiction specific and may, for example, hold values such as TRUSTEE, PERSONAL REPRESENTATIVE, etc.

If there is no capacity, this line is omitted.


ACT: Not allowed - omitted

NSW: Not allowed - omitted

NT: Not allowed - omitted

QLD: 2 possible values allowed:

TRUSTEE

PERSONAL REPRESENTATIVE


TAS:

VIC: Not allowed - omitted

WA: 3 possible values allowed:

Executor

Administrator

Trustee in Bankruptcy


Mortgagor

Name

0.50 cm

1.00 cm

DATA

0.1

0cm

Mortgagor

0.2

5cm

Name

5.55cm

ACN/ARBN DATA

Address DATA

Capacity DATA

Name DATAACN/ARBN DATA

Address DATA

Capacity DATA

NameACN/ARBNAddress

ACN/ARBNAddress

Capacity

Capacity

0.2

5cm

0.2

5cm

0.0

5 c

m

0.0

5cm

Property Name DATA

Floor Type DATA

Property Name DATA

Floor Type DATA

Property NameFloor Type


1.50cm

Some jurisdiction specific examples of the Mortgagor panel are shown below:


EXAMPLE

NSW specific example for 1 individual and 1 corporate mortgagor:

EXAMPLE

NT specific example for an individual mortgagor:

EXAMPLE

NT specific example for two individual mortgagors:

EXAMPLE

NT specific example of a company as mortgagor:


EXAMPLE

NT specific example for a trustee as mortgagor:

EXAMPLE

QLD specific example for 2 individual mortgagors:

EXAMPLE

QLD specific example for 2 individual mortgagors holding the property as trustees:

EXAMPLE

QLD specific example for a corporate mortgagor:

EXAMPLE

SA specific example for an individual mortgagor with an Australian street address:


EXAMPLE

SA specific example for an individual mortgagor acting in the capacity of executor with an Australian street address:

EXAMPLE

VIC specific example for an individual mortgagor whose name does not match the register:

EXAMPLE

WA specific example for an individual mortgagor with an Australian street address:

EXAMPLE

WA specific example for an individual mortgagor acting in the capacity of executor with a postal delivery address:


EXAMPLE

WA specific example for an individual mortgagor acting in the capacity of administrator of a deceased estate with an overseas address:

Mortgagee

The Mortgagee panel looks as follows:

The following rules apply to the Mortgagee panel:


Panel size: Panel should expand to accept extra data, if there is more than one mortgagee. The data for each mortgagee must always be kept together – i.e. it is not permissible for there to be a page break in the middle of the data for a mortgagee, although the mortgagee panel can span multiple pages. . If it does span multiple pages, the section header should NOT be repeated on the continuation page(s)

Columns: The panel is split into two columns – one for the mortgagee details and one for the tenancy information if there is more than one mortgagee.

The column for the mortgagee details is 14.95 cm wide.

There is a 0.25 cm gap between the columns.

The column for the tenancy is 4.50 cm wide.

Heading:

Font: “Mortgagee” and “Tenancy”: Arial 11pt Bold

“(inc. share)” : Arial 11pt

Indent: 0.50 cm for 1st (mortgagee details) column

0 cm for second (tenancy) column


Data lines:



Indent: 1.00 cm to line headings, except address data lines – these are indented to 1.50cm


Margin: 0.05 cm above, 0.05 cm below each line.

General: The 5 data items described below must stay together (i.e. no page breaks between them) for each mortgagee. Each group must be separated by a gap of 0.25 cm.

Given Name(s) Mandatory for all jurisdictions where the mortgagee is an individual.

When combined with the Family Name, this must contain the full legal entity name of the mortgagee.



ACT: Given Name(s) limited to 60 characters, alphanumeric



QLD: No limit


TAS: No limit

VIC: Given Name/s limited to 60 characters, alphanumeric


Family Name Mandatory for all jurisdictions where the mortgagee is an individual.

When combined with the Given Name(s), this must contain the full legal entity name of the mortgagee.



ACT: Family Name limited to 130 characters, alphanumeric



QLD: No limit


TAS: No limit

VIC: Family Name limited to 130 characters, alphanumeric



Name Mandatory for all jurisdictions where the mortgagee is an organisation.

Must contain the full legal entity name of the mortgagee.



ACT: Name limited to 130 characters, alphanumeric

NSW: Maximum of 255 Characters


QLD: No limit


TAS: No limit

VIC: Name limited to 130 characters, alphanumeric


Tenancy Mandatory for all jurisdictions where there is more than one mortgagee

The tenancy (if applicable) is shown on the same line as the mortgagee name.

Column (including heading) is hidden if there is only one mortgagee.

If multiple mortgagees hold as joint tenants, the words “Joint Tenants” should be added to the tenancy column alongside the name of the first joint tenant.

Joint tenants example:

Name ALPHA BANK LIMITED Joint Tenants ACN 123123123

Name BRAVO BANK LIMITED ACN 321321321

If multiple mortgagees hold as tenants as common, each such mortgagee should have the words “Tenants in Common” and the share fraction (as numerator/denominator) added to the tenancy column alongside the name of the mortgagee.

Tenants in common example:

Name ALPHA BANK LIMITED Tenants in Common 1/3 ACN 123123123

Name BRAVO BANK LIMITED Tenants in Common 2/3 ACN 321321321

If some of the mortgagees hold as joint tenants, and they hold as tenants in common with one or more other mortgagees, the words “Joint Tenants” (“Joint Tenants inter-se” in QLD) and the share that group of mortgagees hold is added after the first mortgagee in the group of joint tenants and the words “Tenants in Common” and the share of each mortgagee are added for the rest.

“Mixed” tenants example (QLD):

Name ALPHA BANK LIMITED Joint Tenants inter-se 1/2 ACN 123123123



Name CHARLIE BANK LIMITED Tenants in Common 1/2 ACN 987987987

“Mixed” tenants example (All jurisdictions except QLD):

Name ALPHA BANK LIMITED Joint Tenants 1/2 ACN 123123123


Name CHARLIE BANK LIMITED Tenants in Common 1/2 ACN 987987987

In all cases where shares are shown, the total shares must add to 1.

ACN/ARBN For all jurisdictions:

If the mortgagee has an ACN, the title of the data line must be set to “ACN” and the ACN entered.

If the mortgagee has an ARBN, the title of the data line must be set to “ARBN” and the ARBN entered.

If there is no ACN or ARBN, this line is omitted.


In all jurisdictions, the ACN or ARBN must be 9 characters.

Australian credit licence Optional Field. If the mortgagee has no Australian credit licence, this line is omitted.

ASIC has advised that this field has a maximum of 6 characters.

Address Required in all jurisdictions except NSW, QLD and VIC, where this is omitted.

The Address is a complex section, with 3 possible configurations:

Australian Street Address

Australian Postal Delivery Address

Overseas Address

Each configuration has multiple fields within it, as described below, but each configuration should have a header line “Address”:

Australian Street Address comprises:

Property Name (40 alphanumeric characters - free text)

Unit Type (25 alphanumeric characters - defined list)

Unit Number (5 alphanumeric characters - free text)

To Unit Number (5 alphanumeric characters - free text)

Floor Type (18 alphanumeric characters – defined list)

Floor Number (4 alphanumeric characters - free text)

Floor Suffix (1 alphanumeric character - free text)

Street Number (5 alphanumeric characters - free text)

Street Name (45 alphanumeric characters - free text)

Street Type (13 alphanumeric characters - defined list)







Australian Postal Delivery Address comprises:

Delivery Type(12 alphanumeric characters - defined list)

Number (6 alphanumeric characters - free text)






Overseas Address comprises:







The defined lists mentioned above can be found later in this document – see Address Field Defined Lists on page 99.


ACT: Mandatory

NSW: Not allowed

NT: Maximum of 4000 characters for the combination of all fields

QLD: Not allowed

SA: Mandatory – maximum of 200 characters for the combination of all fields

TAS:

VIC: Mandatory


WA:

Capacity This line is not used in ACT, NSW, NT and VIC, where this line is omitted.

This line is used to supply the capacity in which the mortgagee holds the land – this is jurisdiction specific and may, for example, hold values such as TRUSTEE, PERSONAL REPRESENTATIVE, etc.

If there is no capacity, this line is omitted.


ACT: Not allowed – omitted

NSW: Not allowed – omitted

NT: Not allowed – omitted

QLD: 2 possible values allowed:

TRUSTEE

PERSONAL REPRESENTATIVE


TAS:

VIC: Not allowed – omitted

WA:


Mortgagee

Name

0.50cm

1.00cm

DATA

0.1

0cm

Mortgagee

0.2

5cm

Name

5.55cm

ACN/ARBN DATA

Address DATA

Capacity DATA

Name DATAACN/ARBN DATA

Address DATA

Capacity DATA

ACN/ARBN

Address

Capacity

Capacity

0.2

5cm

0.2

5cm

0.0

5cm

0.0

5cm

Australian Credit Licence DATA

Australian Credit Licence DATA

Australian Credit Licence

Australian Credit Licence

Tenancy (inc. share)

DATA

DATA

4.50cm

0.25cm

14.95cm

Property Name DATA

Floor Type DATA

Property Name DATA

Floor Type DATA



NameACN/ARBN

Address

Some jurisdiction specific examples of the Mortgagee panel are shown below:


EXAMPLE

NSW specific example for corporate mortgagee:

EXAMPLE

NSW specific example for 2 corporate mortgagees holding as tenants in common:

EXAMPLE

NSW specific example for multiple mortgagees in a mixed tenancy:

NT specific example for corporate mortgagee:


NT specific example for individual mortgagee:

NT specific example for individual and corporate mortgagees holding as tenants in common:


NT specific example for two corporate mortgagees holding as joint tenants:

EXAMPLE

QLD specific example for corporate mortgagee:

EXAMPLE

QLD specific example for 2 individual mortgagees holding as tenants in common:

EXAMPLE

QLD specific example for individual mortgagee holding as trustee:


EXAMPLE

QLD specific example for two individual mortgagees holding as joint tenants, holding as tenants in common with a corporation:

EXAMPLE

SA specific example for corporate mortgagee with an Australian street address:

EXAMPLE

SA specific example for individual mortgagee with an Australian street address:


EXAMPLE

SA specific example for two individual mortgagees with an Australian street addresses, holding as tenants in common:

EXAMPLE

VIC specific example for individual mortgagee:

EXAMPLE

VIC specific example for corporate mortgagee:


EXAMPLE

WA specific example for individual mortgagee:

EXAMPLE

WA specific example of multiple mortgages (individual and corporate) holding in mixed tenancy:


EXAMPLE

WA specific example of other organization as mortgagee:

Operative words and Terms and Conditions

The Operative words and Terms and Conditions panel looks as follows:

The following rules apply to the Operative words and Terms and Conditions panel:


Panel size: Panel should expand to accept extra data in the additional terms and conditions field (see below). There is no limit on the length of this panel. Panel can span multiple pages. If it does so, the section header should NOT be repeated on the continuation page(s), but the text breaks should be shown with the words “Continued over…” and “…Continued from previous page”.

Jurisdictional Restrictions: ACT: Document reference must be maximum of 9 numeric characters

No limit on Additional terms and conditions

NSW: Document reference must be 8 characters


NT: 4 Standard conditions plus 3 extra optional. Up to 4000 characters

QLD: Document reference must be 9 numeric characters



SA: Document reference must be 9 alphanumeric characters


TAS: Document reference must be 9 alphanumeric characters


VIC: Document Reference must be is 6 alphanumeric characters comprising 2 alpha and 4 numeric.


WA: Document reference must be maximum of 13 alphanumeric consisting of

up to 2 character prefix

maximum of 6 numeric

4 digit year(optional)

suffix of 1 character (optional)

Additional terms and conditions limited to 4000 characters.

Wording: The operative words must be:

“The mortgagor mortgages the estate and/or interest in land specified in this mortgage to the mortgagee as security for the debt or liability described in the terms and conditions set out or referred to in this mortgage, and covenants with the mortgagee to comply with those terms and conditions.”

If there is no Document Reference, “NIL” must be added.

If there are no Additional terms and conditions, “NIL” must be added to the same line.

If there are Additional terms and conditions, these should start on the following line. These additional terms and conditions can be of any length and allow formatted text (fonts, bold, italics etc.) although all text must be in black (no other coloured fonts allowed) with no background colours or shading allowed.

Font: Operative words: 11pt Arial

“Terms and Conditions of this Mortgage”: 11pt Arial Bold

(a) and (b): 11pt Arial

Indent: All text 0.50 cm

Reserve (indent to data) The Document Reference is indented 7.5 cm from edge of page (6.85 cm from panel border)

If “NIL” is required to be added for the “Additional terms and conditions”, this should also be at 7.50 cm from edge of page (6.85 cm from panel border).

Margin: Each paragraph has a space of 3pt above and below it.

Right margin is 0.20 cm



The mortgagor mortgages the estate and/or interest in land specified in this mortgage to the mortgagee

as security for the debt or liability described in the terms and conditions set out or referred to in this

mortgage, and covenants with the mortgagee to comply with those terms and conditions.

0.50 cm

6.85 cm

Document Reference DATA

Additional terms and conditions DATA

DATA

Terms and Conditions of this Mortgage

0.2 cm

3p

t3

pt

6pt between each – 3 from previous, 3 from next


Execution Requirements

The execution section of the Mortgage Form has sections for the Mortgagor execution and the Mortgagee execution. Whether each of these sections will be needed will depend on the jurisdiction of the land being mortgaged as well as the intended lodgement channel for the mortgage.

The following table is repeated from the introduction, as it forms the basis of the types of executions that will be required. Note that in all cases, mortgagor includes a representative for the mortgagor (where allowed), and mortgagee includes a representative for the mortgagee (where allowed). It refers to the “Acceptance and Lodgement Scenarios” graphic on page 5.

Full paper form A paper form on which the mortgagor grants the mortgage and is lodged with the Land Registry. Will be signed by the mortgagor and the mortgagee as well in those jurisdictions which require it.

This form would cover both the acceptance and lodgement of the mortgage.

This form is used for scenario 1.

Paper lodgement only A paper form executed only by the mortgagee with appropriate certifications that the mortgagee has a mortgage granted by the mortgagor.

This lodgement option is not available to all mortgagees. Jurisdictions will impose restrictions regarding which mortgagee types are allowed to lodge this way. For example, it might only be available to ADIs.

This form is used for scenarios 1A and 3.

Paper acceptance only Where a mortgagee will be lodging a “lodgement only” form, they will need a mortgage granted by the mortgagor. If they choose to obtain this acceptance of the mortgage on paper, they would use this form.

This form is used for scenarios 1A and 3.

Electronic lodgement only This is the version of the form submitted for lodgement through an electronic conveyancing channel. It would be digitally signed by the mortgagee.

This form is used for scenarios 2 and 4.

Electronic acceptance only This is a version of the form on which the mortgagee gains the acceptance of the mortgagor electronically.

This form is used for scenarios 3 and 4.


The table below shows which sections are required for each jurisdiction and lodgement channel.

Full Paper Paper Lodge Paper

Acceptance Electronic

Lodge Electronic

Acceptance

Scenario 1 Scenarios 1A & 3 Scenarios 1A & 2 Scenarios 2 & 4 Scenarios 3 & 4

ACT Mortgagor N/A N/A N/A N/A

NSW Mortgagor & Mortgagee

Mortgagee Mortgagor Mortgagee (using Digital Signature)

Mortgagor

NT Mortgagor & Mortgagee

N/A N/A N/A N/A

QLD Mortgagor & Mortgagee

N/A Mortgagor Mortgagee (using Digital Signature)

Mortgagor

SA Mortgagor & Mortgagee


Mortgagor

TAS Mortgagor N/A Mortgagor Mortgagee (using Digital Signature)

Mortgagor

VIC Mortgagor Mortgagee Mortgagor Mortgagee (using Digital Signature)

Mortgagor

WA Mortgagor & Mortgagee


Mortgagor

The following notes apply to the table above:

Jurisdictions will be legislating to allow the acceptance of paper mortgages, executed only by the mortgagee, at different times. Those with “N/A” against them will not have this functionality available prior to April 2017, when the National Mortgage Form is introduced.

For a “paper acceptance” form (i.e. that won’t be lodged with the Land Registry) it will be up to the Financial Institution to determine what execution options are valid and whether any jurisdictional witnessing requirements are necessary. The Land Registry only specifies witnessing requirements for documents that are lodged.

Electronic conveyancing is scheduled for implementation in NT in May 2018.

This specification does not cover the electronic mortgaged lodged via an ELN – the ELN will take care of ensuring the mortgage is in the correct format in conjunction with the Land Registries.

It is up to the Financial Institutions wanting to allow electronic acceptance (granting) of a mortgage by their customers to ensure they have a valid mortgage, on the same terms as the mortgage they lodge with the Land Registry. The format of such a mortgage will be for the Financial Institution to determine.

In all cases, mortgagor includes a representative for the mortgagor (where allowed), and mortgagee includes a representative for the mortgagee (where allowed)

The Mortgagor and Mortgagee execution sections are described below:


Mortgagor Execution

Mortgagor Execution panel looks as follows:

The following rules apply to the overall Mortgagor Execution panel:

Applies to: All jurisdictions – MANDATORY for Full paper lodgement.

In the “paper lodge” case, described in the execution requirements introduction, this panel is not visible. In this case, all panels, sub-panels and fields within it are also hidden.

Panel size: Panel should expand to accept multiple mortgagors. There is no limit on the length of this panel. The data for each mortgagor must be kept together (i.e. no page breaks within the data for each mortgagor). If the panel spans multiple pages, the section header should NOT be repeated on the continuation page(s).

Heading:

Font: Heading: 11pt Arial Bold

Indent: 0.50 cm



Mortgagor Execution

0.50 cm

0.1

0 c

m

0.2

5 c

m

Mortgagor Execution

The Mortgagor Execution panel has multiple fields that are only displayed in certain circumstances. For that reason, a diagram of the various fields will be shown prior to the rules. It should be noted that the indentation, spacing, etc. on the diagram is for illustrative purposes, in most cases there is no gap between fields.


Mortgagor Panel (one per Mortgagor)Mortgagor Execution

Mortgagor Witness Executions Mortgagor Executions

Mortgagor Witness Certifications Mortgagor Signature Details

Mortgagor Witness Full Name

Mortgagor Witness Signature

Mortgagor Witness Details

Mortgagor Signature 1

Execution Date


Mortgagor Certifications

Each of the fields in the above diagram is described below:

Mortgagor Panel (one per mortgagor)

The Mortgagor Panel is a container for all the execution details for a mortgagor. The following rules apply to the Mortgagor panel:


Rules: This panel is duplicated for each mortgagor.

A separate panel is also created for each attorney for a mortgagor (for example, if there are 2 mortgagors, one of which has 2 attorneys, there will be 3 of these panels in the mortgagor execution section. Effectively, each attorney is treated as a separate mortgagor for the purposes of executing the mortgage.

There is no gap to either the left or the right of the Mortgagor panel.

Multiple mortgagor panels are separated by a horizontal line with a thickness of 0.01 cm.

This panel will hold 2 sub-panels. One for the witness execution, one for the mortgagor execution. The witness executions sub-panel has no gap to the left. The mortgagor executions sub-panel has no gap to the right. There is a 0.20 cm gap between the witness executions sub-panel and the mortgagor executions sub-panel. There is no gap above or below the sub-panels.



Mortgagor Panel (one per mortgagor)Mortgagor Execution

Mortgagor Witness Executions Mortgagor Executions

0 c

m

0 c

m

0 cm

0 c

m

0 c

m

0.20 cm 0 cm

0 cm


0 cm

0 c

m


The Mortgagor Certifications sub-panel contains the certifications that a mortgagor is required make when executing a mortgage. Whether this sub-panel is visible will depend on the jurisdiction and the way that the mortgage will be executed.

The following rules apply to the Mortgagee Certifications:

Applies to: NSW only – in all other jurisdictions, this panel is not visible.

Font: 11pt Arial

Indent: 0.50 cm


Rules: In NSW, the value of the certification text in this panel is:

Certified correct for the purposes of the Real Property Act 1900 by the mortgagor or their representatives.



0.0

5 c

m

0.50 cm

0.0

5 c

m

Mortgagor Witness Executions

The Mortgagor Witness Executions sub-panel is a container for 4 other fields:

Mortgagor Witness Certifications





The following rules apply to the Mortgagor Witness Executions sub-panel:


Rules: This sub-panel is 9.60 cm wide.

In some circumstances, this sub-panel is not visible. This occurs when the mortgagor is a company and:

the execution is under seal

the execution is not under seal, but is by a director or a director and secretary

The sub-panel is visible when:

The mortgagor is an individual

The mortgagor is a company and an authorised officer signs

The mortgagor is a company and is signed under power of attorney

When the Mortgagor Witness Executions sub-panel is hidden, all fields contained within it are also hidden.

The 4 fields within the Mortgagor Witness Executions sub-panel have no gaps to either side, above or below them.


Mortgagor Witness Executions





0 cm 0 cm

0 c

m0

cm

0 c

m

0 c

m0

cm

9.60 cm

Mortgagor Executions

The Mortgagor Executions sub-panel is a container for 4 other fields:

Mortgagor Signature Details



Execution Date


The following rules apply to the Mortgagor Executions sub-panel:



This panel is always visible.

The 4 fields within the Mortgagor Executions sub-panel have no gaps to the left, above or below them, but there is a 0.20 cm gap to the right (to provide a space after the horizontal signature lines in the panels).


Mortgagor Executions



Execution Date


9.90 cm

0 cm 0.20 cm

0 c

m

0 c

m0

cm

0 c

m

0 c

m


The Mortgagor Witness Certifications field is used to hold jurisdiction specific certifications that the witness has to agree to.

The following rules apply to the Mortgagor Witness Certifications field:

Applies to: Jurisdictions NSW, QLD and SA. In all other jurisdictions this field is not present.

Font: 11pt Arial

Indent: 0.50 cm


Rules: In NSW, the value of this field is:

I certify that I am an eligible witness and that the mortgagor (or their attorney) who I have known for more than 12 months, or I have sighted identifying documentation signed this mortgage in my presence.

In QLD, the value of this field is:


NOTE: Witnessing officer must be aware of their obligations under section 162 of the Land Title Act 1994.

In SA, the value of this field is:

Signed in my presence by the mortgagor who is either personally known to me or has satisfied me as to his or her identity.

The field must expand vertically to accept the relevant certification.



0.0

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0.0

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The Mortgagor Witness Full Name field is used for the name of the witness to the mortgagor’s signature.

The following rules apply to the Mortgagor Witness Full Name field:

Applies to: All Jurisdictions.

Description: This field is split into two parts – the left (caption) side holds the title of the field (i.e. “Full Name of Witness”). The right side (referred to as the data entry part below) is blank (for the witness name to be entered), but has a horizontal line to assist in handwriting the name.

Field Height: 1.20 cm

Font: 11pt Arial

Indent: 0.50 cm

Indent to data entry part: 3.85 cm

Thickness of line in data entry part:

0.02 cm

Colour of line in data entry part:

Black

Margin: 0.05 cm below (above not relevant due to field height)




0.0

5 c

m

Full Name of Witness

4.35 cm

0.50 cm

1.2

0 c

m


The Mortgagor Witness Signature field is used for the signature of the witness.

The following rules apply to the Mortgagor Witness Signature field:


Description: This field is split into two parts – the left (caption) side holds the title of the field (i.e. “Witness Signature”). The right side (referred to as the data entry part below) is blank (for the witness signature), but has a horizontal line to assist in positioning the signature.


Font: 11pt Arial

Indent: 0.50 cm



0.02 cm


Black




0.0

5 c

m

Witness Signature

4.35 cm

0.50 cm

1.2

0 c

m



The Mortgagor Witness Details field is used for jurisdiction specific information regarding the witness. This can either be contact information, or information that confirms the eligibility of the person as a witness

The following rules apply to the Mortgagor Witness Details field:


Description: This field is split into two parts – the left (caption) side holds the title of the field, which will vary depending on the jurisdiction. The right side (referred to as the data entry part below) is blank (for the witness details to be entered), but has a horizontal line to assist in positioning the information.

Rules: The field title varies by jurisdiction. The wording for each jurisdiction is described below:

ACT: “Witness Address”

NSW: “Witness Address”

NT: "Witness contact address or phone number"

QLD: "Witness Qualifications"

SA: "Witness address and business hours phone number"

TAS: "Witness postal address"

VIC: Field not shown.

WA: "Witness address, occupation and phone number"

All text should be “bottom justified”, so that the bottom of the text is in line with the horizontal line in the data entry part.


Font: 11pt Arial

Indent: 0.50 cm



0.02 cm


Black



This is shown graphically below (using NSW wording):


0.2

0 c

m

Witness Address

4.35 cm

0.50 cm

2.5

0 c

m


The Mortgagor Signature Details field is used for text related to the execution method and mortgagor type. The text will vary depending on the circumstances, and is sometimes omitted.

The following rules apply to the Mortgagor Signature Details field:


Rules: The value of this field will depend on whether the mortgagor is an organisation or an individual, and also on who will be executing for the mortgagor.

The first line of this field states who the execution is on behalf of (“executed on behalf of “ and the mortgagor name)

A second line is added if the execution is by an authorised officer, an attorney, or is under common seal:

If signed by an authorised officer, or under delegation, the second line comprises the words “Under delegation or authority”.

If signed under common seal, the second line comprises the words “under common seal”

If signed under power of attorney, the second line states “under power of attorney “ and the number of the power of attorney (unless the jurisdiction is TAS, in which case “dated” and the date of the power of attorney are used instead.

Some examples:

Individual mortgagor signing for themselves:

Executed on behalf of JOHN CITIZEN

Individual mortgagor signed under power of attorney (NSW):


Under Power of Attorney BK4000 No 123

Individual mortgagor signed under power of attorney (QLD):


Under power of attorney 716798625

Individual mortgagor signed under power of attorney (TAS):


Under power of attorney dated 12/11/2010


Corporate mortgagor signing under common seal:

Executed on behalf of AAA LIMITED

Under common seal

Corporate mortgagor signing without common seal:


Corporate mortgagor signed by Authorised Officer(s) or under Delegation:


Under Delegation or Authority

Corporate mortgagor signed under power of attorney (NSW):


Under Power of Attorney BK4000 No 123

Corporate mortgagor signed under power of attorney (QLD):



Corporate mortgagor signed under power of attorney (TAS):



Field Height: As required to fit the appropriate text.

Font: 11pt Arial

Indent: 0 cm

Line spacing: The margin specified below applies to each line (i.e. if there are 2 lines required, there will be a 0.1 cm spacing between them).

Margin: 0.05 cm above , 0.05 cm below



0.0

5 c

m

0 cm

0.0

5 c

m


The Mortgagor Signature 1 field is used for the signature of a mortgagor.

The following rules apply to the Mortgagor Signature 1 field:



Description: This field holds up to four specific sections (vertically), each of which has a left and right part to it. In all cases, the left (caption) side holds the title of the information. The right side (referred to as the data entry part below) contains the information and has a horizontal line to assist in positioning those entries that are made manually (e.g. the signature).

The four sections are as follows:

Signer Name

Signer Organisation

Signer Role

Signature

Not all sections are required in all cases – the rules for when they are shown are given below.

Rules: The “Signer Name” section is always present, and holds the name of the person actually signing the mortgage for the mortgagor.

The “Signer Organisation” is not shown if the person signing is an individual mortgagor signing on their own behalf.

The “Signer Role” is not shown if the person signing is an individual mortgagor signing on their own behalf.

The “Signature” is always shown.

Field Height: The “Signer Name” section can expand to hold long names, or to allow space for a seal to be affixed. There should be a minimum of 0.55 cm from the top of the field to the line of the Signer Name.

The “Signer Organisation” can expand to hold long organisation names. There should be a minimum of 0.60 cm from the line under Signer Name to the line of Signer Organisation.

The “Signer Role” can expand to hold a long role description. There should be a minimum of 0.60 cm from the line under Signer Organisation to the line of Signer Role.

There should be 1.20 cm from the line under Signer Role to the line of the Signature.

Font: 11pt Arial

Indent: 0 cm



0.02 cm


Black





0.0

5 c

m

Signature

3.85 cm

0 cm

Signer Name

Signer Organisation

Signer Role

0.5

5 c

m(m

in)

0.6

0 c

m(m

in)

0.6

0 c

m(m

in)

1.2

0 c

m


The Mortgagor Signature 2 field is used for the signature of a second signatory for a mortgagor, such as where both a director and director/secretary sign for a company.

The following rules apply to the Mortgagor Signature 2 field:

Applies to: All Jurisdictions. Used when a second signatory is required for a mortgagor.



Signer Name

Signer Organisation

Signer Role

Signature


Rules: The “Signer Name” section is always present, and holds the name of the person actually signing the mortgage for the mortgagor.

The “Signer Organisation” holds the organisation of the person signing.

The “Signer Role” holds the role of the person signing.




The “Signer Role” can expand to hold a long role description. There


should be a minimum of 0.60 cm from the line under Signer Organisation to the line of Signer Role.


Font: 11pt Arial

Indent: 0 cm


Thickness of lines in data entry part:

0.02 cm

Colour of lines in data entry part:

Black




0.0

5 c

m

Signature

3.85 cm

0 cm

Signer Name

Signer Organisation

Signer Role

0.5

5 c

m(m

in)

0.6

0 c

m(m

in)

0.6

0 c

m(m

in)

1.2

0 c

m

Execution Date

The Execution Date field is used for the date the Mortgage is executed by the mortgagor.

The following rules apply to the Execution Date field:


Description: This field is split into two parts – the left (caption) side holds the title of the field (i.e. “Execution Date”). The right side (referred to as the data entry part below) is blank (for the execution date to be entered), but has a horizontal line to assist in handwriting the date.


Font: 11pt Arial


Indent: 0 cm



0.02 cm


Black



Execution Date

0.2

0 c

mExecution Date

3.85 cm

0 cm

1.2

0 c

m

Some jurisdiction specific examples of the Mortgagor Execution panel are shown below:

EXAMPLE

NSW specific example for individual mortgagor, signed by the mortgagor:


EXAMPLE

NSW specific example for individual mortgagor, signed by an attorney under power of attorney:

EXAMPLE

NSW specific example for corporate mortgagor, executed (under seal) by director and director/secretary:


EXAMPLE

NSW specific example for corporate mortgagor, executed (without seal) by director and director/secretary:

EXAMPLE

NSW specific example for corporate mortgagor, executed under power of attorney:


EXAMPLE

NSW specific example for corporate mortgagor, executed by authorized officer or under delegation:

EXAMPLE

NT specific example for individual mortgagor, signed by the mortgagor:

EXAMPLE

NT specific example of corporate mortgagor signed without seal:


EXAMPLE

NT specific example for individual mortgagor, signed by an attorney under power of attorney:

EXAMPLE

QLD specific example for individual mortgagor, signed by the mortgagor:

EXAMPLE

QLD specific example for individual mortgagor, signed by an attorney under power of attorney:


EXAMPLE

QLD specific example for individual mortgagor, signed by two attorneys under power of attorney:

EXAMPLE

QLD specific example for corporate mortgagor, executed (without seal) by director and director/secretary:

EXAMPLE

VIC specific example for individual mortgagor:


EXAMPLE

VIC specific example for corporate mortgagor with sole director, executing without common seal:

EXAMPLE

VIC specific example for corporate mortgagor, executing without common seal by a director and director/secretary:

Mortgagee Execution

The Mortgagee Execution panel looks as follows (NSW wording for witness details):

The following rules apply to the overall Mortgagee Execution panel:

Applies to: Not present in ACT (as they do not require mortgagee executions.)

Not present in TAS, VIC for Full Paper mortgages, but required for paper


lodgement (i.e. signed by mortgagee only, with certifications).

Always required in NSW, NT, Qld, SA and WA.

Panel size: Panel should expand to accept multiple mortgagees. There is no limit on the length of this panel. The data for each mortgagee must be kept together (i.e. no page breaks within the data for each mortgagee). If the panel spans multiple pages, the section header should NOT be repeated on the continuation page(s).

Heading:

Font: Heading: 11pt Arial Bold

Indent: 0.50 cm



Mortgagee Execution

0.50 cm

0.1

0 c

m

0.2

5 c

m

Mortgagee Execution

The Mortgagee Execution panel has multiple fields that are only displayed in certain circumstances. For that reason, a diagram of the various fields will be shown prior to the rules. It should be noted that the indentation, spacing, etc. on the diagram is for illustrative purposes, in most cases there is no gap between fields.

Mortgagee Panel (one per mortgagee)Mortgagee Execution

Mortgagee Witness Executions Mortgagee Executions

Mortgagee Witness Certifications Mortgagee Signature Details

Mortgagee Witness Full Name

Mortgagee Witness Signature

Mortgagee Witness Details

Mortgagee Signature 1

Execution Date


Mortgagee Certifications

Each of the fields in the above diagram is described below:


Mortgagee Panel (one per mortgagee)

The Mortgagee Panel is a container for all the execution details for a mortgagee. The following rules apply to the Mortgagee Panel:

Applies to: All jurisdictions where the Mortgagee Execution panel is shown

Rules: This panel is duplicated for each mortgagee.

A separate panel is also created for each attorney for a mortgagee (for example, if there are 2 mortgagees, one of which has 2 attorneys, there will be 3 of these panels in the mortgagee execution section. Effectively, each attorney is treated as a separate mortgagee.

There is no gap to either the left or the right of the Mortgagee panel.

This panel holds 3 sub-panels. One for the Mortgagee Certifications, one for the Mortgagee Witness Execution, and one for the Mortgagee Execution.

The Mortgagee Certifications panel spans the full width. The Mortgagee Witness Executions sub-panel and the Mortgagee Executions sub-panel, are each half width. The Mortgagee Witness Executions sub-panel has no gap to the left. The Mortgagee Executions sub-panel has no gap to the right. There is a 0.20 cm gap between the Mortgagee Witness Executions sub-panel and the Mortgagee Executions sub-panel. There is no gap above or below the sub-panels.


Mortgagee Panel (one per mortgagee)Mortgagee Execution

Mortgagee Witness Executions Mortgagee Executions

0 c

m

0 c

m

0 cm

0 c

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0 c

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0.20 cm 0 cm

0 cm


0 cm

0 c

m


The Mortgagee Certifications sub-panel contains the certifications that a mortgagee is required make when executing a mortgage. Whether this sub-panel is visible will depend on the jurisdiction and the way that the mortgage will be executed.

The following rules apply to the Mortgagee Certifications:

Applies to: Those jurisdictions that are allowing the “Paper Lodge” lodgement channel describer at the start of the executions section of this document.

It will also be used by NSW, SA and WA for all mortgages lodged through the “Full Paper” channel.


Font: 11pt Arial

Indent: 0.50 cm


Rules: All the rules below refer to the following certifications – they are subsequently referred to by number.

1. The Certifier, or the Certifier is reasonably satisfied that the mortgagee it represents, has taken reasonable steps to verify the identity of the mortgagor.

2. The Certifier has taken reasonable steps to verify the identity of the mortgagee.

3. The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction including this Registry Instrument or Document.

4. The Certifier has retained the evidence supporting this Registry Instrument or Document.

5. The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.

6. The Certifier, or the Certifier is reasonably satisfied that the mortgagee it represents,:

(a) has taken reasonable steps to verify the identity of the mortgagor; and

(b) holds a mortgage granted by the mortgagor on the same terms as this Registry Instrument.

For NSW, in the “Full Paper” channel, where the mortgagor executes the mortgage, the following certifications are required when the mortgagee is signing/certifying on their own behalf:

1, 4, 5

For NSW, in the “Full Paper” channel, where the mortgagor executes the mortgage, the following certifications are required when the mortgagee is represented by a lawyer or conveyancer who is certifying:

1, 2, 3, 4, 5

For SA, in the “Full Paper” channel, where the mortgagor executes the mortgage, the following certifications are required when the mortgagee is signing/certifying on their own behalf:

1, 4, 5

For SA, in the “Full Paper” channel, where the mortgagor executes the mortgage, the following certifications are required when the mortgagee is represented by a lawyer or conveyancer who is certifying:

1, 2, 3, 4, 5

For VIC, in the "Full Paper" channel, where only the mortgagor executes the mortgage, no certifications are required.

For WA, in the “Full Paper” channel, where the mortgagor executes the mortgage, the following certifications are required when the mortgagee is signing/certifying on their own behalf:

1, 4, 5


For WA, in the “Full Paper” channel, where the mortgagor executes the mortgage, the following certifications are required when the mortgagee is represented by a lawyer (not a conveyancer/settlement agent) who is certifying:

1, 2, 3, 4, 5

For those jurisdictions (NSW, SA, VIC, WA) that allow mortgages to be lodged through the “Paper Lodge” channel (where only the mortgagee signs the mortgage lodged with the Land Registry, certifying that they hold a mortgage granted by the mortgagor), the required certifications are listed below depending on whether the mortgagee is represented by a lawyer or conveyancer or if they are representing themselves.

Where the mortgagee is signing on their own behalf, the following certifications are required:

4, 5, 6

Where the mortgagee has a representative (lawyer or conveyancer) signing on their behalf, the following certifications are required:

2, 3, 4, 5, 6



0.0

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0.50 cm

0.0

5 c

m

Mortgagee Witness Executions

The Mortgagee Witness Executions sub-panel is a container for 4 other fields:

Mortgagee Witness Certifications




The following rules apply to the Mortgagee Witness Executions sub-panel:

Applies to: Not required in SA.

Not required in VIC.

Other jurisdictions may require witness executions (see rules below).



The sub-panel is not visible when the mortgagee is a company (except when it is being executed by an attorney and is not in QLD).

The sub-panel is visible when:

The mortgagee is an individual

The mortgagee is a company and the mortgage signed under power of attorney (except in QLD)

The mortgagee is a company and the mortgage is signed by a lawyer or conveyancer on behalf of the mortgagee (only in NT)

The mortgagee type or execution method is not known.

When the Mortgagor Witness Executions sub-panel is hidden, all fields contained within it are also hidden.

The 4 fields within the Mortgagor Witness Executions sub-panel have no gaps to either side, above or below them.


Mortgagee Witness Executions





0 cm 0 cm

0 c

m0

cm

0 c

m

0 c

m0

cm

9.60 cm

Mortgagee Executions

The Mortgagee Executions sub-panel is a container for 4 other fields:

Mortgagee Signature Details



Execution Date

The following rules apply to the Mortgagee Executions sub-panel:

Applies to: All Jurisdictions where mortgagee execution panel is shown.



This panel is always visible.

The 4 fields within the Mortgagor Executions sub-panel have no gaps to the left, above or below them, but there is a 0.20 cm gap to the right (to provide a space after the horizontal signature lines in the panels).


Mortgagee Executions



Execution Date


9.90 cm

0 cm 0.20 cm

0 c

m

0 c

m0

cm

0 c

m

0 c

m


The Mortgagee Witness Certifications field is used to hold jurisdiction specific certifications that the witness has to agree to.

The following rules apply to the Mortgagee Witness Certifications field:

Applies to: NSW and QLD. In all other jurisdictions this field is not present.

Font: 11pt Arial

Indent: 0.50 cm


Rules: In NSW, the value of this field is:

I certify that I am an eligible witness and that the mortgagee (or their attorney) who I have known for more than 12 months, or I have sighted identifying documentation signed this mortgage in my presence.

In QLD, the value of this field is:

NOTE: Witnessing officer must be aware of their obligations under section 162 of the Land Title Act 1994.

The field must expand vertically to accept the relevant certification.




0.0

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0.0

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The Mortgagee Witness Full Name field is used for the name of the witness to the mortgagee’s signature.

The following rules apply to the Mortgagee Witness Full Name field:

Applies to: All Jurisdictions where mortgagee execution panel is shown and witnessing is required.

Description: This field is split into two parts – the left (caption) side holds the title of the field (i.e. “Full Name of Witness”). The right side (referred to as the data entry part below) is blank (for the witness name to be entered), but has a horizontal line to assist in handwriting the name.


Font: 11pt Arial

Indent: 0.50 cm



0.02 cm


Black




0.0

5 c

m

Full Name of Witness

4.35 cm

0.50 cm

1.2

0 c

m



The Mortgagee Witness Signature field is used for the signature of the witness.

The following rules apply to the Mortgagee Witness Signature field:


Description: This field is split into two parts – the left (caption) side holds the title of the field (i.e. “Witness Signature”). The right side (referred to as the data entry part below) is blank (for the witness signature), but has a horizontal line to assist in positioning the signature.


Font: 11pt Arial

Indent: 0.50 cm



0.02 cm


Black




0.0

5 c

m

Witness Signature

4.35 cm

0.50 cm

1.2

0 c

m


The Mortgagee Witness Details field is used for jurisdiction specific information regarding the witness. This can either be contact information, or information that confirms the eligibility of the person as a witness

The following rules apply to the Mortgagee Witness Details field:


Description: This field is split into two parts – the left (caption) side holds the title of the field, which will vary depending on the jurisdiction. The right side


(referred to as the data entry part below) is blank (for the witness details to be entered), but has a horizontal line to assist in positioning the information.

Rules: The field title varies by jurisdiction. The wording for each jurisdiction is described below:

ACT: N/A

NSW: “Witness Address”

NT: "Witness contact address or phone number"

QLD: "Witness Qualifications"

SA: "Witness address and business hours phone number"

TAS: N/A

VIC: N/A

WA: Witness Address, Occupation and phone number

All text should be “bottom justified”, so that the bottom of the text is in line with the horizontal line in the data entry part.


Font: 11pt Arial

Indent: 0.50 cm



0.02 cm


Black


This is shown graphically below (using NSW wording):


0.2

0 c

m

Witness Address

4.35 cm

0.50 cm

2.5

0 c

m


The Mortgagee Signature Details field is used for text related to the execution method and mortgagee type. The text will vary depending on the circumstances, and is sometimes omitted.


The following rules apply to the Mortgagee Signature Details field:


Rules: The value of this field will depend on whether the mortgagee is an organisation or an individual, and also on who will be executing for the mortgagee.

The first line of this field states who the execution is on behalf of (“executed on behalf of “ and the mortgagee name)

A second line is added if the execution is by an authorised officer, an attorney, or is under common seal:

If signed by an authorised officer, or under delegation, the second line comprises the words “Under delegation or authority”.

If signed under common seal, the second line comprises the words “under common seal”

If signed under power of attorney, the second line states “under power of attorney “ and the number of the power of attorney (unless the jurisdiction is TAS, in which case “dated” and the date of the power of attorney are used instead.

Some examples:

Individual mortgagee signing for themselves:


Individual mortgagee signed under power of attorney (QLD):



Individual mortgagee signed under power of attorney (TAS):



Corporate mortgagee signing under common seal:


Under common seal

Corporate mortgagee signing without common seal:


Corporate mortgagee signed under power of attorney (QLD):



Corporate mortgagee signed under power of attorney (TAS):



Field Height: As required to fit the appropriate text.

Font: 11pt Arial

Indent: 0 cm

Line spacing: The margin specified below applies to each line (i.e. if there are 2 lines required, there will be a 0.1 cm spacing between them).


Margin: 0.05 cm above , 0.05 cm below



0.0

5 c

m

0 cm

0.0

5 c

m


The Mortgagee Signature 1 field is used for the signature of a mortgagee.

The following rules apply to the Mortgagee Signature 1 field:




Signer Name

Signer Organisation

Signer Role

Signature


Rules: The “Signer Name” section is always present, and holds the name of the person actually signing the mortgage for the mortgagee.

The “Signer Organisation” is not shown if the person signing is an individual mortgagee signing on their own behalf.

The “Signer Role” is not shown if the person signing is an individual mortgagee signing on their own behalf.





There should be 1.20 cm from the line under Signer Role to the line of


the Signature.

Font: 11pt Arial

Indent: 0 cm



0.02 cm


Black




0.0

5 c

m

Signature

3.85 cm

0 cm

Signer Name

Signer Organisation

Signer Role

0.5

5 c

m(m

in)

0.6

0 c

m(m

in)

0.6

0 c

m(m

in)

1.2

0 c

m


The Mortgagee Signature 2 field is used for the signature of a second signatory for a mortgagee, such as where both a director and director/secretary sign for a company.

The following rules apply to the Mortgagee Signature 2 field:

Applies to: All Jurisdictions where mortgagee execution panel is shown and a second signatory for the mortgagee is required.



Signer Name

Signer Organisation

Signer Role


Signature


Rules: The “Signer Name” section is always present, and holds the name of the person actually signing the mortgage for the mortgagee.

The “Signer Organisation” holds the organisation of the person signing.

The “Signer Role” holds the role of the person signing.






Font: 11pt Arial

Indent: 0 cm



0.02 cm


Black




0.0

5 c

m

Signature

3.85 cm

0 cm

Signer Name

Signer Organisation

Signer Role

0.5

5 c

m(m

in)

0.6

0 c

m(m

in)

0.6

0 c

m(m

in)

1.2

0 c

m


Execution Date

The Execution Date field is used for the date the Mortgage is executed by the mortgagee.

The following rules apply to the Execution Date field:


Description: This field is split into two parts – the left (caption) side holds the title of the field (i.e. “Execution Date”). The right side (referred to as the data entry part below) is blank (for the execution date to be entered), but has a horizontal line to assist in handwriting the date.


Font: 11pt Arial

Indent: 0 cm



0.02 cm


Black



Execution Date

0.2

0 c

m

Execution Date

3.85 cm

0 cm

1.2

0 c

m

Some jurisdiction specific examples of the Mortgagee Execution panel are shown below:


EXAMPLE

NSW specific example for individual mortgagee, signing on their own behalf

EXAMPLE

NSW specific example for corporate mortgagee, signed (under seal) by a director and director/secretary:


EXAMPLE

NSW specific example for corporate mortgagee, signed (without seal) by a director and director/secretary:

EXAMPLE

NSW specific example for corporate mortgagee, executed under power of attorney:


EXAMPLE

NSW specific example for corporate mortgagee, executed by authorized officer or under delegation:

EXAMPLE

NSW specific example for corporate mortgagee, executed by lawyer (with certifications):


EXAMPLE

NT specific example for corporate mortgagee, executed under power of attorney:

EXAMPLE

NT specific example for corporate mortgagee, executed by an Australian Legal Practitioner:

EXAMPLE

QLD specific example for corporate mortgagee, signed by one director only under common seal:

EXAMPLE

QLD specific example for corporate mortgagee, signed by an attorney under power of attorney:


EXAMPLE

QLD specific example for individual mortgagee, signed by a lawyer:

EXAMPLE

VIC specific example for an individual mortgagee, signed by a lawyer, where only the mortgagee signs (with certifications):

EXAMPLE

VIC specific example for a corporate mortgagee, signed by a lawyer, where only the mortgagee signs (with certifications):


EXAMPLE

VIC specific example for a corporate mortgagee, signed under power of attorney, where only the mortgagee signs (with certifications):


Address Field Defined Lists

Unit Type

Antenna Club Lobby Suite Substation

Apartment Condominium Loft Shed Tenancy

Automatic Teller Coolroom Lot Shop Townhouse

Automated Teller Machine Cottage Lease Showroom Tower

Barbecue Duplex Marine Berth Sign Unit

Building Factory Maisonette Site Villa

Bungalow Flat Office Stall Vault

Boatshed Garage Penthouse Store Ward

Cage Hall Reserve Strata unit Warehouse

Carpark House Room Studio / Studio Apartment Workshop

Carspace Kiosk

Street Type

Access Circuit Edge Gully Outlook Ridgeway Tarn

Alley Circus Elbow Harbour Parade Right of Way Terrace

Alleyway Close End Heath Park Ring Thoroughfare

Amble Cluster Entrance Heights Parklands Rise Throughway

Anchorage Colonnade Esplanade Highroad Parkway Rising Tollway

Approach Common Estate Highway Part River Top

Arcade Concourse Expressway Hill Pass Riverway Tor

Arterial Connection Extension Hollow Passage Riviera Towers

Artery Copse Fairway Hub Path Road Track

Avenue Corner Firebreak Interchange Pathway Roads Trail

Banan Corso Fireline Intersection Piazza Roadside Trailer

Bank Course Firetrack Island Place Roadway Triangle

Basin Court Firetrail Junction Plateau Ronde Trunkway

Bay Courtyard Flat Key Plaza Rosebowl Turn

Beach Cove Flats Keys Pocket Rotary Twist

Bend Crescent Follow Landing Point Round Underpass

Block Crest Footway Lane Port Route Upper

Boardwalk Cross Ford Laneway Promenade Row Vale

Boulevard Crossing Foreshore Lees Pursuit Rue Valley

Boulevarde Crossroad Formation Line Quad Run Viaduct

Bowl Crossway Freeway Link Quadrangle Service Way View

Brace Cruiseway Front Little Quadrant Shunt Views

Brae Cul-de-sac Frontage Lookout Quay Siding Villas

Break Cutting Gap Loop Quays Slope Vista

Bridge Dale Garden Lower Ramble Sound Wade


Broadway Dell Gardens Mall Ramp Spur Walk

Brow Dene Gate Manor Range Square Walkway

Bypass Deviation Gateway Meander Reach Stairs Waters

Byway Dip Glade Mew Reserve State Highway Waterway

Causeway Distributor Glen Mews Rest Steps Way

Centre Divide Grange Motorway Retreat Strand Wharf

Centreway Dock Green Mount Return Street Woods

Chase Domain Ground Nook Ride Strip Wynd

Circle Drive Grove Outlet Ridge Subway Yard

Circlet Driveway

Floor Type

Basement Lower Level Platform

Floor Mezzanine Penthouse

Ground Observation Deck Rooftop

Level Parking Sub-Basement

Lower Ground Floor Podium Upper Ground Floor

State

ACT NT SA VIC

NSW QLD TAS WA

Postal Delivery Type

Poste Restante (also known as Care-of Post Office)

General Post Office Box Rural Box Number

Care-of Post Office (also known as Poste Restante)

Locked Mail Bag Service Roadside Mail Box/Bag

Community Mail Agent Mail Service Roadside Mail Service

Community Mail Bag Post Office Box Roadside Delivery

GPO Bag Private Mail Bag Service


Jurisdiction specific information sheet requirements

Header of page shows version number of mortgage form

No footer (page number) on these pages

The information sheet (flyer) that attaches to all mortgage forms for presentation to the mortgagor are listed below. These information sheets do not get lodged with the Land Registry.

Note that there is no information sheet for VIC.

ACT

TBC


NSW


NT

TBC

QLD

SA

Mortgage Execution in South Australia

On paper – signed by mortgagor Mortgage lodged with the Lands Titles Office in paper where both the mortgagor and mortgagee execute must have the following mortgage execution requirements.


Mortgage Execution

Natural Person

If the mortgagor is a natural person who is signing in his or her own right, he or she must sign his or her usual signature in the place indicated on the form.

Power of Attorney The mortgagor may execute the mortgage by his, her or its attorney, provided that the power of attorney authorises such action and has been deposited in the Lands Titles Registration Office. The execution clause states ‘Executed for <name of mortgagor> by <name of his or her attorney> under power of attorney <number of power of attorney document>’. If the power of attorney has not been deposited prior to the execution of the transfer, it will not be possible to refer to the instrument’s Lands Titles Office number in the execution. In this case, the power must be lodged contemporaneously with the transfer, mortgage or other instrument. If the power is to be lodged with the other dealings no number is required to be included. If the power of attorney is in favour of whoever is the occupant for the time being of a specified position, the execution should also state that position or capacity.

Company If the mortgagor is a body corporate, its execution must comply with any formalities prescribed by the statute under which it is incorporated and (if relevant) its constitution. Execution in accordance with the Corporations Act s127:

Multi-member company: - Affix the seal and the affixing is witnessed by 2 directors of the company; or a

director and a company secretary of the company; or

- Execute without using a common seal if the document is signed by 2 directors of the

company; or a director and a company secretary of the company.

Sole Person company: - Affix the seal and the affixing is witnessed by the person who is the sole director and

secretary; or

- Execute without using a common seal if the document is signed by the person who is the sole director and secretary.

Execution not in accordance with the Corporations Act s127:

Sole Person Company with no secretary:

- Affix the seal and the affixing is witnessed by the person who is the sole director; or

- Execute without using a common seal if the document is signed by the person who is

the sole director.

It is noted that a proprietary company is no longer required to have a secretary, therefore the ability to execute as above needs to be available. However, this execution does not comply with section 127 and therefore as strict compliance is not possible the assumptions of sections 128 and 129 may not be available. Because the company’s execution does not literally comply with s 127(2) and the assumption of due execution may not be available, the Registrar-General requires the mortgage to be endorsed or accompanied by a certification that (1) the company is a proprietary company, (2) the company does not have a secretary and (3) that the director is exercising the power conferred by s 198E(1) of the Corporations Act 2001 (Cth).

Company (multi-member or sole member company) executing by:


- Affix the seal and the affixing is witnessed by the person who is the sole director; or - Execute without using a common seal if the document is signed by the person who is

the sole director

The certifying party must provide a certification that the execution is in accordance with the company’s constitution or provide a copy of the constitution (or any other relevant documentation) which authorised the particular method of execution.

Association

Requirements for Associations vary (as it depends what is in accordance with the rules of the association) but office practice is to check:

- Affix seal and affixing of seal is witnessed by a person solely who states they are a public officer;

or

- Affix seal and affixing of the seal is witnessed by two people who state their title.

Also if it is an incorporated body under its own Act the execution would need to abide by the specifications stated within that Act. Witnessing Requirements for witnessing:

must be aged 18 years or over and

must know the mortgagor personally or have satisfied him or herself as to the identity of the mortgagor.

cannot be a party to the instrument. The witness must sign his or her name and print his or her full name, address and business hours telephone number legibly beneath his or her signature. There is also a clause for the witness stating ‘signed in my presence by the mortgagor who is either personally known to me or has satisfied me as to his or her identity.’ Witnessing in this manner is not required when mortgagor is a Company or Association unless executing under power of attorney. Mortgagee Execution The mortgagee must execute by providing the following required certifications for the mortgage:

The Certifier, or the Certifier is reasonably satisfied that the mortgagee it represents has taken reasonable steps to verify the identity of the mortgagor.

The Certifier has retained the evidence supporting this Registry Instrument or Document.

The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.

The person signing on behalf of the mortgagee in relation to the certifications must be an Australian Legal Practitioner, Licensed Conveyancer or employee of the mortgagee with personal knowledge of the matters he or she is certifying to. Where the person signing on behalf of the mortgagee is an Australian Legal Practitioner or Licensed Conveyancer the following additional certifications apply:

The Certifier has taken reasonable steps to verify the identity of the mortgagee.

The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction

including this Registry Instrument or Document.

On paper – signed by mortgagee only (with certifications) Mortgagee Execution Where the mortgagee only executes, the following certifications are required for the mortgage:


The Certifier has retained the evidence supporting this registry Instrument or Document.

The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.

The Certifier, or the Certifier is reasonably satisfied that the mortgagee it represents,: (a) has taken reasonable steps to verify the identity of the mortgagor: and (b) holds a mortgage granted by the mortgagor on the same terms as this Registry Instrument.

The person signing on behalf of the mortgagee in relation to the certifications must be an Australian Legal Practitioner, Licensed Conveyancer or employee of the mortgagee with personal knowledge of the matters he or she is certifying to. Where the person signing on behalf of the mortgagee is an Australian Legal Practitioner or Licensed Conveyancer the following additional certifications apply:

The Certifier has taken reasonable steps to verify the identity of the mortgagee.

The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction

including this Registry Instrument or Document.

TAS

Witnessing Requirements in Tasmania

The signature of the mortgagor must be witnessed by an adult (over 18) who is not a party to the mortgage.

The full name and address of the witness must be supplied.

WA

Witnessing Requirements in Western Australia

Instruments under the Act signed by any person and attested by one witness are duly executed, where:

the witness is not a party to the instrument

the witness has signed the document

the witness is an adult and there appears on the instrument the full name, address and occupation of the witness, in English script below the witness’ signature. The details of the witness must be able to be clearly read by the Registrar of Titles

the instrument is signed within Australia or a Territory of Australia including the Cocos (Keeling) Islands or Christmas Island

and


the signature of each person is separately attested.

A party to a document and a witness must sign using their usual signature, which may be by printing the name, or using English or other language script, thumb print or other mark. To assist communication with witnesses, if necessary, it would be helpful if the telephone number at which the witness can ordinarily be contacted during business hours is added after his or her occupation.

Where an instrument is signed in any country that is outside Australia or a Territory of Australia, the witness must be one of the persons set out in s.145 (1) (b) of the Act. Where an instrument is executed but not attested in the manner provided above and the genuineness of the signature and handwriting of the person signing is proved to the satisfaction of the Registrar, by the statutory declaration of a person well acquainted with the person signing, who:

identifies the instrument for which the declaration is required or supplied

declares positively that the signature thereon is the true signature and handwriting of the person executing the instrument

and

states how and over what period the declarant has obtained a sufficient knowledge of the signature and handwriting of that person;

then the instrument may be accepted for registration by virtue of s.145(3) of the TLA. Declarations of this nature must be lodged with the document and will be inspected by the document examiner when the complete dealing is examined. Signatures must be in ink. Ball point pens and felt tip pens are acceptable for use on documents.

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